The crime of drug distribution (also known as trafficking) can take on many forms. Simple cocaine use is a misdemeanor resulting in a maximum jail sentence of one year and possible fine of $2,000. If you've been arrested for illegal controlled substances possession or sale, you'll need to consult the Michigan Code that lists precisely which drugs fit into each schedule. As an example of the types of charges and penalties that may be involved, a schedule 1 or 2 drug is charged as a felony and punishable by: For the charges and penalties of other types of drugs, please see Section 333.7403. March 3, 2023, 12:30 PM. Under Michigan law, you can face several years of jail time if you are charged with possession with intent to sell or drug distribution. Contact us. Canton Lawyer Aaron J. Boria defends those accused of drug crimes and obtains amazing results. This article covers controlled substances other than marihuana (marijuana) and GHB. Withdrawal from cocaine causes the addict to crash, and includes symptoms such as extreme fatigue, depression, anxiety and paranoia. Schedules 2, 3, 4, and 5 decrease in dangerousness and probability of abuse and increase in recognized medical uses. With the legalization of marijuana in Michigan, adults that are 21 years old or older are allowed to legally possess up to 10 ounces of cannabis in their home and 2.5 ounces of cannabis outside of their home. Fax: 586.221.4140 charge code conviction title type 28.425k2a weapons - pistols - carrying concealed while under the influence misdemeanor (preceding 5 years) 28.425k2b weapons - pistols - carrying concealed with bac of 0.08 or more but less than 0.1 grams misdemeanor Penalties can vary based upon your criminal record, the drugs involved, and the quantities present, and an experienced lawyer will be able to assemble that data and determine the best course of action for fighting your case. And we haven't been putting up with it," Bower said. Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Here are some examples of which drugs fall into each schedule classification: As there are many different kinds of controlled substances you will need to refer to the specific Michigan Code to determine the classification of various controlled substances. Possession means that either: Possession may be sole, where one person alone possesses the drug, or possession may be joint, where two or more people each share control. Certain controlled substances carry less severe penalties. Posted on Nov 18, 2016. Penalties for illegal sale of a schedule 1 or 2 narcotic substance (such as heroin or morphine) or cocaine vary according to the amount involved. Another defense is illegal search and seizure. Having the right lawyer on your team will ensure the best possibility for a favorable outcome. We want to be there when you find yourself in trouble with Michigan drug laws. If you've been charged with owning a dangerous animal, you can call Davis Law Group today at (313) 818-3238 for a free and confidential consultation. Possession of crystal meth in Michigan is a serious criminal charge and prosecutors will aim to put you behind bars. At the pre trial we were able to get the prosecutor to reduce the drinking and driving charge down from High BAC OWI to impaired driving. You will need a skillful, persistent lawyer with experience handling both felony and misdemeanor drug charges in Michigan. The sentencing for Michigan drug offenses is set forth in Section 333.7403 of the Michigan Public Health Code. You could face as much as 10 years in prison and a fine of up to $15,000. today for free criminal defense legal consultation. If you are facing criminal charges in . Please dont hesitate to call us, we are here to help if you have any questions! (Mich. Comp. Gender . You or your criminal defense attorney can use a few defenses if charged with cocaine possession or distribution in Michigan. Contact our Michigan criminal defense attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2020 mymichigandefenselawyer.com, Marijuana Cultivation, Possession and Use, Michigan Super Drunk (high BAC drunk driving), Schedule 1: LSD, ecstasy, heroin, peyote, BZP, Schedule 2: codeine, cocaine, fentanyl, oxycodone, morphine, Schedule 3: ketamine, barbituric acids, benzphetamine, Schedule 4: diazepam, phenobarbital, lorazepam, Schedule 5: codeine mixed with nonnarcotics. Nevertheless, most narcotic-related penalties are severe, and any type of drug-dealing charge should be taken seriously. Cocaine is a highly addictive stimulant synthesized from the coca plant. Regardless, if you are charged with possession of a controlled or prescription drug and convicted, you potentially face life-changing consequences. Although it could be argued that all drugs (even legal ones) are dangerous in certain quantities, the state of Arizona has a much narrower definition of what constitutes a dangerous drug. Generally speaking, a drug is considered to be dangerous when it is an illegal narcotic other than marijuana. The state of Michigan classifies controlled substances into five different schedules. The client was charged with possession drugs, possession of paraphernalia, and possession of a dangerous weapon as well as a citation for having his license plate light out. Drug dealing regulations and felony penalties for marijuana are somewhat different from other felony drug dealing punishments. Additionally, probation is a very real possibility that can be as long as two years! Illegal possession of the following controlled substances is a misdemeanor punishable by not more than one years' imprisonment, a $2,000 fine, or both: LSD, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a schedule 5 drug. The penalties for possession of a controlled substance will depend on its schedule classification. The officer then arrested her for drinking and driving. Possession of Dangerous Weapon dismissed in 16th District Court Livonia Michigan. If you need an attorney, find one right now. Due to its severe negative consequences, recreational use is illegal in the entire country and possession or distribution could lead to harsh punishments. An offense that we are seeing charged more regularly by the Canton Police is Possession of Dangerous Drugs. Unlawful sale of controlled substances carries stiff felony penalties in Michigan. Our attorneys have over 30 years of experience. Call criminal lawyer (734) 453-7806. . Maximum penalties for felony drug dealing offenses (for Schedule 1 and 2 drugs) are listed along a graduated penalty scale as follows: Dealing any other drug classified in schedule 1, 2, or 3, except marijuana, is a felony punishable by up to 7 years in prison and a $10,000.00 fine. Copyright 2023, Thomson Reuters. We look forward to hearing more about your criminal, family law or personal injury case. any amount of narcotics more than 50 grams, of any mixture, but less than 450 grams is a felony punishable up to 20 years in prison and/or a $250,000.00 fine. The charges and penalties for violating Michigan's drug possession laws will depend on the type of drug and amount involved. Go to the statute and find the substance you're charged with possessing or sellingit will be listed under one of the five schedules. This can be even more severe if the offense was committed within 1000 feet of school property or a library or on said property. There is a mandatory two-year prison sentence for selling or possessing a controlled substance at a library, on school property, or within 1000 feet of a school. any amount of narcotics less than 50 grams, of any mixture, is a felony punishable up to 20 years in prison and/or a $25,000.00 fine. Facing possession of dangerous drug charges at the Canton 35th District Court? why did edgar allan poe marry his cousin; city of sartell building permits; guardian political stance. New Law Gives Hope for License Restoration, Coming to a Court Near You. Michigan imposes enhanced penalties for repeat offenses, crimes committed near schools, parks, or libraries, and selling drugs to a minor. This means that it has a high potential for abuse but can be used under medical supervision. Death: Maximum of 15 years in prison, a $2,500 to $10,000 fine or both. Translating the legal jargon, the abbreviation PCS/upcs means possession of controlled substances / unlawful possession of controlled substances (two ways of saying the same thing) while POM2 means possession of marijuana in the second degree. If you have been charged with a drug crime, its important to understand the drug charges you may be facing and the penalties you are going up against. Possession of between 450 and 1000 g can result in a fine of up to $500,000, 30 years in prison, or both. In the state of Michigan, the law remains thatpossession of marijuanais still considered a crime. Penalties vary according to the amount and type of controlled substances involved. In Michigan, these drugs are classified under specific schedules, with Schedule I and Schedule II being those that are the most dangerous and highly addictive or abused. Created byFindLaw's team of legal writers and editors Selling drugs and controlled substances can result in severe consequences under Michigan law. Our lawyers can help your defense in the case of a marijuana possession charge and work to free you of major penalties. This will depend on the type of controlled substance you were found to be in possession of, the amount, and the number of other factors. All states regulate and control the possession and sale (or delivery) of controlled substances, though each differs in its exact definition of controlled substances and the applicable penalties. Whether a person was found in possession of Schedule I or II drugs, such as heroin, cocaine, ecstasy, and methamphetamine, or Schedule III-IV drugs, such as some prescription substances, Michigan state prosecutors will be unforgiving in their efforts to achieve a guilty conviction. Incarceration and fines vary, depending on the circumstances of the charge: Injury: Maximum of five years in prison, a $1,000 to $5,000 fine or both. | Last updated February 22, 2018. In 2017, Michigan was tied for the second-lowest number of criminal drug offenses. Recreational use can rapidly lead to dependence. The terms used in the law to refer to sale are "deliver" and "possession with intent to deliver.". Cocaine is classified as a schedule II drug Under Michigan Compiled Laws Section 333.7214(a)(iv). Penalties for illegal possession of a schedule 1 or 2 narcotic substance (such as heroin or morphine) or cocaine vary according to the amount involved. Drug possession charges are always a big deal, but some drugs are considered to be more serious than others. Possession of Schedule I and Schedule II drugs such as cocaine, heroin, and methamphetamine is a crime that can lead to even more dire consequences under the law. Adults that or at least 21 years of age are also allowed to cultivate up to 12 marijuana plants in their home. There may be defenses to the charges or an opportunity to bargain for a plea deal. Successful completion of the program could result in your criminal charges being dismissed; however, failure to complete the program will ultimately result in jail time and harsh penalties. Drug Possession Charges in Michigan. It is crucial you have an attorney who knows the law if you are facing drug dealing allegations. Possession of between 50 grams and 450 grams of heroin, or any mixture containing heroin, is a felony that carries a possible prison sentence of up to 20 years and fines up to $250,000. There are two primary types of cocaine: the powdered form and crack cocaine. The sentence can be two times that which you would normally be for a first offense. This means that the police lured you into selling or distributing cocaine when you would not have done so otherwise. Drugs classified as addictive or dangerous fall under felonies. Maximum of 4 years and/or a fine not exceeding $25,000 if the amount is less than 50 grams. If a drug is classified as Schedule 1 or 2 in this instance, there is a mandatory one-year prison sentence. The possession of dangerous drug charge was completely dismissed. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. Through aggressive courtroom tactics, we have achieved many positive case outcomes, including dismissed cases and reduced charges. Possession of Heroin and Cocaine in Michigan Stiff penalties await anyone convicted of possessing dangerous and addictive drugs such as cocaine and heroin. In some states, the information on this website may be considered a lawyer referral service. Stay up-to-date with how the law affects your life. Illegally possessing any other schedule 1, 2, 3, or 4 controlled substance not otherwise listed above (and excluding marihuana) can incur a fine of up to $2,000, imprisonment up to two years, or both. He was charged with VCSA: DANGEROUS DRUGS (OTHER). Authorities said Williams also admitted to being a convicted felon out of Michigan. This is partially due to medical marijuana laws, but also because of recently relaxed political attitudes regarding marijuana sale and use. March 3, 2023 / 12:46 PM In a sense she was lucky she was charged with possession of dangerous drugs under the Canton Township Ordinance because she could have been charged with Possession of Controlled substance, a felony, under the State of Michigan Criminal code. However, the codes used by the officers may or may not fully reflect what they "found" or what the charges will be. Convictions for controlled substance crimes incur heavy fines and long periods of incarceration. The most common dangerous drug charge in Arizona is for possession. Like heroin, cocaine can create feelings of euphoria in users, as well as inducing increased energy and feelings of restlessness. In this case, our client was clearly guilty. The officer then ordered her out of the car. In Michigan, certain dangerous drugs can lead to higher penalties: Cocaine; Heroin; Methamphetamine; TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The penalty for possession of methamphetamines depends on the amount of drug in your possession at the time of arrest. Please enter valid email address to continue. If you have been accused of drug possession in Michigan, its important to understand the potential consequences of this.